RFEd - CIS needs a statement.
 

So I received something from CIS today - an RFE.

Its a bluish green piece of paper, which mentions that this is an RFE and they want me to respond by the 7th of November, with the evidence. On the next page, they have asked for evidence but apparently the evidence is a statement that they need from me. They have also sent a small envelope with their address, so I am pretty sure thats all that they are looking for.

It mentions that I filed the I-751 with a waiver and asks for a "statement" from me, to explain the conditions surrounding the termination of the marriage and any efforts made by me to save the marriage.

And then it mentions that the decision to approve or deny would depend on the evidence that I provide.

Right now, I am a little unsure of what to make of this. They have not asked me for any other evidence, like bills, tax returns, affidavits, etc, just a statement from me.

Anyone received an RFE like this?

Re: RFEd - CIS needs a statement.
 

hmmmm - interesting. Wildest, so sorry to make you go over this again but what did you send them in the way of evidence in the first place? And do you mind me asking your country of origin?

Re. the statement - I would take that to mean exactly as you've described - a sworn statement (probably best to get it notorised just to be safe) detailing the circumstances of your separation and subsequent divorce....it sounds like this request is just a formality....? Also, did you send any pics with your initial package?

I am sure the moderators on here might be more familiar with this kind of request however....

Wishing you the best of British....!

Re: RFEd - CIS needs a statement.
 

I think a one-time consultation with an experienced immigration attorney would be a REALLY good idea...

You do not want to mess this up!

Re: RFEd - CIS needs a statement.
 

Totally different scenario here, but a friend of mine received an RFE on her I-129F petition. The RFE asked her to write a statement describing why there was a discrepancy in her name among the various evidence she turned in. They did not want any further evidence, they only wanted a statement from her describing her name changes over the years. She wrote a few paragraphs, sent it back, and got approved.

I realize this is for I-751, not I-129F, but it's my idea that they only want to see something in writing from you describing the course of events.

Best Wishes,
Rene

Re: RFEd - CIS needs a statement.
 

Those were my exact thoughts. It seems that they will base the decision of whether to approve or deny based on what I write, or more importantly, how I write it. Even though I have good writing skills, I am still going to run this by some attorneys.

Re: RFEd - CIS needs a statement.
 

Thats what I am hoping for as well. My gut says that they probably accepted the evidence that I had, since they have not asked for any additional evidence.

I have to respond by November 7th, I am going to send this thing out in 2 weeks.

Re: RFEd - CIS needs a statement.
 

I will have to look up my list and get back to you on what I sent. My nationality? I am Indian. I don't think that has anything to do with the RFE. I have read of a ton of peope who got RFEd, and had various types of nationalities. Also, lots of couples who filed jointly were RFEd as well.

Now the RFEs that people have received over time have been different in nature. I am making the assumption that the reason they have asked me to send a statement is because I am no longer married, so they might have assumed that I don't have additional "joint" evidence. If they had rfed me while I was married, then they might have asked me for the regular stuff, like bills, leases etc.

Re: RFEd - CIS needs a statement.
 

By the way, the WAC number on the RFE is different from the WAC # that I had originally received when I had filed the I-751.

Re: RFEd - CIS needs a statement.
 

WildestKabs - I didn't mean to imply that nationality had any bearing on this process..but again, who knows! btw- being British, I have a ton of British-born Indian friends back home. GOD I miss the indian restaurants in London! *drool*

Between here and VisaJourney, I too have read of the many different varieties of RFEs....it seems noone is immune. Even though my submission was (in my eyes anyway) fully comprehensive, I am expecting the unexpected. Do you think it might be worth havign your ex send a little statement too? Of course, this depends on whether you're on friendly terms or not. it might be useful for her to corroborate what you have stated...

Keep us posted!

Re: RFEd - CIS needs a statement.
 

I was actually thinking of sending a statement signed by both, but I haven't made my mind up yet.

Yes, we are on extremely good terms.

Re: RFEd - CIS needs a statement.
 

I never got an RFE and have filed a self petition and got an interview! but my case is being moved to California from Illinois, maybe they will ask then for evidence! but I doubt it if they already requested me to attend an interview in Chicago.

I was reconciled with my hubby when I filed seperatley but we were divorced at the time of filing, he was kind enough to write a letter which was sent with my I-751 petition stating that we were back together (since split again) maybe that helped me! as I never really sent much else we had nothing in joint names except a bank account that was never used, I never sent any photos just copies of mail that was going to the same address.

I really think it's down to who opens your file.

Try not to worry to much just send what ever you can then wait on the interview that will be the nail biting time for sure.

Re: RFEd - CIS needs a statement.
 

I think once Wildest sends his statement in, that might suffice....if they wanted to interview him, they would ask him for his statement in person...

again - I'm just guessing at this point!!

Re: RFEd - CIS needs a statement.
 

You didn't send any pics Poppy?

Oh god, I sent them a photocopy of my entire wedding album. (30 pages)

I am so embarrassed :-(

Re: RFEd - CIS needs a statement.
 

Nope no pics they saw them at the original interview or they could have I took them but the officer said it was not neccesary.

I have the pictures with me and the wedding was put onto CD which I have but lets be honest photo's, anyone can smile and look happy for the camera so I was not to concerned about it they need hard evidence wedding photos are of 1 day, bills Insurance etc are more evidence to them.

Re: RFEd - CIS needs a statement.
 

Even though I have seen some RFEs followed by interview calls, generally speaking, I have noticed that once you have sent in an RFE, the next thing is either an approval or denial. Generally speaking, it is an approval. Obviously, this is based solely on what I have seen from message boards.

So I am hoping the next correspondence that I receive from them will be for the approval.

Re: RFEd - CIS needs a statement.
 

Thats what I am thinking too. If they needed extra evidence, they would have asked for it. But they just asked for a statement. I am thinking that the evidence that they got was considered good enough, but something might have been lacking, hence the request for a statement from me on what went wrong. They might also have decided that this is not an "interview case" but to make sure of it, lets ask him for a statement. I might be getting a little too optimistic here, though. But its possible.

If you think of it, now that they have all the evidence that I had to send them and the only thing that they are asking for is the statement, once they do get it, assuming it is a well drafted statement (which it will be, covering all the facts), calling for an interview would not make sense. Maybe that is what the statement is for.

Re: RFEd - CIS needs a statement.
 

I was thinking of doing that as well. Have around 150 photos. Never sent any.

But I don't think I will.

Re: RFEd - CIS needs a statement.
 

"Anyone can smile and look happy for the camera"

Er, I don't think so. If thats the case, anyone can say they live at the same address and have their friends send them joint mail, sign up for junk mail etc Anyone can get married at a registry office and then go on to file their taxes together...anyone can have their friends/family write fake affidavits....
...but trust me, its a little hard to 'fake' 150 people (in my case) smiling at my wedding and looking happy for the camera...

Re: RFEd - CIS needs a statement.
 

I see you point Lu but if you have insurance documents like health and car insurance,maybe a loan together,bank account that you are both using holiday photos together,I think its a bit more credible,they won't look at junk mail they want legit headed paper from endorsed companys junk mail won't do.
I am not suggesting for one minute that it does not help to send them the photos can't do any harm.
What caused my train of thought was a friend of mine that was in an arranged marriage and I know for a fact by the photos they looked totally in love.
Result he was shirt lifter 100% and you would never of thought it by the phots.

Better clarify the above statement before anyone reads it wrong she had no idea he was gay she was a Indian girl friend of mine and only knew him a matter of days.

Lulu I know yours was for real stop worrying girl you are getting your knickers in a twist :)

Re: RFEd - CIS needs a statement.
 

A thought just crossed my mind (wish Mr. F were here to respond to it) - I am supposed to provide evidence to establish the bona fide nature of the marriage and that is what they are supposed to make the decision on. I already provided evidence to support that.

I didn't realize that the conditions surrounding the termination of marriage were also needed to make a decision. I thought that was outside the scope of the adjudication process, with the focus being *solely* on establishing and providing evidence to support a bona fide marriage and nothing more. From what I understood, USCIS only cares to find out what you entered the marriage for. They do *not* care to find out why you got divorced.

Am I the only one who is thinking that this request is a little unusual?

Re: RFEd - CIS needs a statement.
 

hahah - I havent heard 'shirtlifter' in ages!!!

that gave me a good laugh! x

Re: RFEd - CIS needs a statement.
 

Interesting point. I think as far as divorce is concerned, the only aspect they would look at is the timeline between when you received your conditional greencard in relation to when you separated/divorced. The smaller this timeframe, the more suspicious your 'good faith marriage' might look.
Again - this is all conjecture.

Re: RFEd - CIS needs a statement.
 

Well, I'm not sure I'd simplify it to that extent. Evidence of a bona fide marriage can be what comes to mind for all of us....commingling of finances, assets, social lives etc. However, the grounds for divorce could conceivably work against such evidence and change the complexion of a case. Furthermore, with the waiver process, if an alien does not file within the 90 day timeframe, there is also the issue of demonstrating that the alien was "not at fault" in the untimely submission. These particular points *can* have a bearing on a determination made by the AO. Especially when one bears in mind that acceptance of an untimely petition by USCIS is discretionary.

Take for example, the couple that provides all such evidence of commingled lives and then a petition for divorce is filed using a ground that goes to question the motive of one of the parties. Would that not be important in a determination made by USCIS? Mind you, I am not saying that Wildestkabs' case is like this, but one could be.

Re: RFEd - CIS needs a statement.
 

In article <[email protected]> ,
wildestkabs <[email protected]> wrote:
>
>> I will have to look up my list and get back to you on what I sent. My
>> nationality? I am Indian. I don't think that has anything to do with
>> the RFE. I have read of a ton of peope who got RFEd, and had various
>> types of nationalities. Also, lots of couples who filed jointly were
>> RFEd as well.
>>
>> Now the RFEs that people have received over time have been different
>> in nature. I am making the assumption that the reason they have asked
>> me to send a statement is because I am no longer married, so they
>> might have assumed that I don't have additional "joint" evidence. If
>> they had rfed me while I was married, then they might have asked me
>> for the regular stuff, like bills, leases etc.
>
>By the way, the WAC number on the RFE is different from the WAC # that I
>had originally received when I had filed the I-751.

I think that's normal.. I also got one WAC number when I filed the I-751,
another when it was actually processed..

MH

Re: RFEd - CIS needs a statement.
 

I didn't realize that. Thanks for the information.

Except for getting it notarized, my statement is ready. I will get it notarized tomorrow and then mail it to USCIS.